Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,878
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(B) the commission establishes the appropriate disag-
gregated level of FUSF support for the rural ILEC; or
(C) changes in ownership or changes in state or federal
regulation warrant the commission's action.
(6) Effective dates of disaggregation plans. The effective
date of a rural ILEC's disaggregation plan shall be as specified in 47
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on August 20, 2012.
Adriana A. Gonzales
Public Utility Commission of Texas
Earliest possible date of adoption: September 30, 2012
For further information, please call: (512) 936-7223
TITLE 19. EDUCATION
PART 2. TEXAS EDUCATION AGENCY
CHAPTER 100. CHARTERS
SUBCHAPTER A. OPEN-ENROLLMENT
19 TAC 100.1, 100.101, 100.105
The State Board of Education (SBOE) proposes amendments
to 100.1, 100.101, and 100.105, concerning open-enrollment
charter schools. The sections address provisions relating to ap-
plication and selection procedures and criteria, annual report on
open-enrollment charter governance, and application to public
senior college or university charters and public junior college
charters. The proposed amendments would align SBOE rules
pertaining to the charter application process with proposed com-
missioner of education rules, clarify the signatories on the origi-
nal contract for charter, codify practices adopted through the an-
nual governance report pertaining to which family members of
board members and school officers must be disclosed, and ex-
pand the provisions that would apply to public senior college or
university charters and public junior college charters.
Section 100.1 addresses the open-enrollment charter appli-
cation and selection procedures and criteria. The proposed
amendment would align with proposed commissioner rules,
specify that the chair of a charter holder must sign the written
contract, and make technical edits.
Section 100.101 addresses the collection of information for the
annual report on open-enrollment charter school governance.
The proposed amendment would specify which family members
must be reported and require that information regarding compen-
sation be provided for family members. Technical edits would
also be made.
Section 100.105 addresses the applicability of open-enrollment
charter rules to public senior college or university charters and
public junior college charters. The proposed amendment would
expand the provisions that would apply to public senior college or
university charters and public junior college charters and make
a technical edit.
The proposed amendments would have procedural and report-
ing requirements. The annual governance reporting form will re-
quire additional information, and the method of reporting will be
web-based rather than paper submission. The proposed amend-
ments would have locally maintained paperwork requirements.
Each charter holder will be required to maintain signed and dated
copies of annual governance reporting forms for five years.
Laura Taylor, associate commissioner for accreditation and
school improvement, has determined that for the first five-year
period the amendments are in effect there will be no additional
costs for state or local government as a result of enforcing or
administering the proposed amendments.
Ms. Taylor has determined that for each year of the first five
years the amendments are in effect the public benefit anticipated
as a result of enforcing the amendments would be alignment of
SBOE rules with proposed commissioner rules, clarification of
the signatories on the original contract for charter, and codifi-
cation of practices adopted through the annual governance re-
port pertaining to which family members of board members and
school officers must be disclosed. There is no anticipated eco-
nomic cost to persons who are required to comply with the pro-
In addition, there is no direct adverse economic impact for small
businesses and microbusinesses; therefore, no regulatory flexi-
bility analysis, specified in Texas Government Code, 2006.002,
Comments on the proposal may be submitted to Cristina De
La Fuente-Valadez, Rulemaking, Texas Education Agency,
1701 North Congress Avenue, Austin, Texas 78701, (512)
475-1497. Comments may also be submitted electronically to
email@example.com or faxed to (512) 463-5337. A request
for a public hearing on the proposed amendments submitted
under the Administrative Procedure Act must be received by
the commissioner of education not more than 14 calendar days
after notice of the proposal has been published in the Texas
The amendments are proposed under the Texas Education Code
(TEC), 7.102(c)(9) and 12.101, which authorize the SBOE
to grant a charter on the application of an eligible entity for an
open-enrollment charter school or approve a charter revision as
provided by the TEC, Chapter 12, Subchapter D; TEC, 12.110,
which authorizes the SBOE to adopt an application form and
a procedure that must be used to apply for a charter for an
open-enrollment charter school and criteria to use in selecting
a program for which to grant a charter; TEC, 12.119, which au-
thorizes the SBOE to establish the procedure for collecting infor-
mation for the annual report on open-enrollment charter school
governance, including the specification and description of certain
powers and duties; TEC, 12.152, which authorizes the SBOE
to grant a charter on the application of a public senior college or
university or a public junior college for an open-enrollment char-
ter school; and TEC, 12.154, which authorizes the SBOE to
grant a charter to a public senior college or university or a public
junior college if the entity satisfies specific criteria in the applica-
tion, as determined by the SBOE.
The amendments implement the TEC, 7.102(c)(9), 12.101,
12.110, 12.119, 12.152, and 12.154.
1 00.1. Application and Selection Procedures and Criteria.
37 TexReg 6878 August 31, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012, periodical, August 31, 2012; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth253227/m1/60/: accessed September 23, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.